Timeframe for sending tax return to Trustee

[mccaverty]

I'm just wondering what is the maximum time you can wait after your 341 meeting to send the amount owed from your tax return to the Trustee. I know they would like it "as soon as possible" but there are things I need to purchase i.e., a relatively inexpensive form of transportation (yes, the bank did finally come for my car), for which I would need to use a sizeable portion of the tax return money I've been holding for the Trustee. My 341 was this week (it went fine)...it would probably take another month to put back what I am thinking of spending...is that too long?

[EricaCallaha]

They set a date for us to have our tax return and refund to them by. Be careful using your refund. They will want that. I guarantee it.

Good luck.

[mccaverty]

No date was set, at least not verbally. I know they'll want it - that's why I've been holding onto it. But I don't think it's feasible to be more or less housebound for the next month...I can use public transit for many things but the transit system runs limited hours on Saturdays and evenings and doesn't run at all on Sundays.

[laurannm]

If\when the trustee officially asks for the refund, they will tell you the amount they will want. If they in fact want the entire refund, then you cannot go spend any of it and give them the difference.

[TJR70]

Hmmm, would the trustee tell you at the 341 meeting that they wanted the income tax return?

[mccaverty]

I'm not planning on giving them less than the full amount due. What I would like to do is spend part of it, replenish the fund, and then send it to them, but as I said in previous posts, this will take approximately one month. That's why I'm asking about the timeframe - which I wasn't given by the trustee. I believe it was assumed I would send it sooner than later, but there were no specifics.

[xeniilia]

What happens if you get and spend your refund shortly before your 341 meeting? We got ours about 2 wks ago (only a small portion of it) and our 341 is Monday.

[mccaverty]

They set a date for us to have our tax return and refund to them by. Be careful using your refund. They will want that. I guarantee it.

Good luck.

What was the timeframe between the date of your 341 meeting and how soon they expected your refund?

[OhioFiler]

I'd turn it over to him as soon as I received it. I would not want to irritate him and he could find out you spent part of it and then waited to replenish the asset before you submitted it to him.

Borrow a car or the cash from a friend or family member.

[mccaverty]

Yeah, see, if those things were options I would do them and I wouldn't be asking this question. If you don't know the answer, kindly do not offer unsolicited or irrelevant advice - thanks!

Surely there are other situations in which emergencies have come up (even more so than my own situation) where the only money someone had was the money from their tax return that they were holding for the trustee, and there was no option but to spend it - anyone???

[OhioFiler]

Yeah, see, if those things were options I would do them and I wouldn't be asking this question. If you don't know the answer, kindly do not offer unsolicited or irrelevant advice - thanks!

Surely there are other situations in which emergencies have come up (even more so than my own situation) where the only money someone had was the money from their tax return that they were holding for the trustee, and there was no option but to spend it - anyone???

Then don't ask questions if you don't expect answers. I don't know whether you're capable of knowing you can ask someone else.

I have better advice for you. Spend your refund then tell the trustee not to ask stupid questions.

[StartingOver08]

You are not going to find someone on this board to tell you to ignore the Trustee's court order to turn over funds.

As far as the court is concerned, there are no emergency situations when it comes to turning funds over.

[TEW]

I'm just wondering what is the maximum time you can wait after your 341 meeting to send the amount owed from your tax return to the Trustee. I know they would like it "as soon as possible" but there are things I need to purchase i.e., a relatively inexpensive form of transportation (yes, the bank did finally come for my car), for which I would need to use a sizeable portion of the tax return money I've been holding for the Trustee. My 341 was this week (it went fine)...it would probably take another month to put back what I am thinking of spending...is that too long?

You may not even see that money. Did you have any exemption for it? Wild card?

[itsladyliberty]

Surely there are other situations in which emergencies have come up (even more so than my own situation) where the only money someone had was the money from their tax return that they were holding for the trustee, and there was no option but to spend it - anyone???

nope. unless you want to risk losing your bankruptcy discharge, and/or having to repay the money you spent, i wouldn't spend a CENT. the trustee doesn't care about "emergencies." if s/he told you to turn over the tax return, and you haven't exempted the refund, s/he WILL want the refund. don't spend it. they tend to take the tax turnover notices VERY seriously.

[OhioFiler]

Of course you could also use your case as a test case and file an appeal of the trustee's dismissal once you spend the refund instead of turning it over. You could become a precedence setter!